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Minutes for SB321 - Committee on Judiciary
Short Title
Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code and authorizing exceptions if the court holds a hearing and makes certain findings on the record.
Minutes Content for Wed, Jan 26, 2022
Chairperson Warren opened the hearing on SB321.
Jason Thompson, Senior Assistant Revisor, provided an overview of the bill and responded to questions. (Attachment 7)
Aileen Berquist testified in support of SB321 stating prohibiting automatic shackling and restraints protects the health, safety, and civil rights of children appearing before Kansas courts. (Attachment 8)
Mike Fonkert testified in support of SB321 stating under Supreme Court case law and Kansas law, adult offenders enjoy presumptions against restraints in court and yet children do not. Mr. Fonkert further stated Kansas is one of few states left that has not updated current laws or statutes prohibiting the automatic use of restraints in court within the last ten years and urges the Committee to end the humiliating, degrading and emotional trauma of unnecessary shackling and restraints. (Attachment 9)
Written testimony in support of SB321 was submitted by:
- The Honorable Jenifer J. Ashford, District Magistrate Judge, 10th Judicial District (Attachment 10)
- Christina J. Gilbert, Senior Youth Policy Counsel, The Gault Center (Attachment 11)
- Jenette Bottler, Deputy Director, Justice Action Network (Attachment 12)
- Jessica Feierman, Managing Director, Juvenile Law Center (Attachment 13)
- Alyson Clements, Director, National Juvenile Justice Network (Attachment 14)
Questions by the Committee members were addressed.
Special Deputy Sheriff Greg Smith testified while not opposed to SB321 there are concerns about the practical application for deputy sheriffs who are responsible for keeping courtrooms secure and during the transport of a juvenile to court.(Attachment 15)
Sheriff Smith responded to questions by the Committee members.
Written testimony opposed to SB321 was submitted by the Honorable Merlin Wheeler, Chief Judge, Kansas District Judges' Association. (Attachment 16)
Chairperson Warren closed the hearing on SB321.
The meeting adjourned at 11:23 a.m.
